TOXIC TORT AND MOLD EXPOSURE
Have you been a Injured Due to Toxic Substances or Mold in your Home?
Toxic tort cases involve exposure to harmful substances that can cause health issues. These substances can come in various forms such as chemicals, pesticides, or pollutants in the air, water, or soil. Many toxic tort cases involve mold exposure, as mold can produce toxins that can lead to respiratory problems, allergic reactions, and other health issues. Mold can grow in buildings that have a moisture problem, and property owners and managers have a responsibility to address mold growth promptly to minimize any potential health risks. In cases where individuals have been exposed to mold or other harmful substances, they may be able to pursue legal action to seek compensation for damages, medical expenses, and other losses.
Can I Sue for Injuries Caused by Toxic Substances or Mold?
Under the landlord-tenant laws of California, landlords are subject to a legal doctrine called the "implied warranty of habitability," which makes the landlord responsible for keeping the rental property free of health hazards, including toxic substances and mold infestations. Because the implied warranty of habitability is an obligation imposed by state law, whether the landlord likes it or not, it overrides any language in your lease that is inconsistent with that responsibility. California tenants who believe they have been harmed by the presence of high concentrations of toxic substances or mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If it is proven at trial that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
What If I Have No Evidence?
Many people who have suffered injuries due to toxic substances and mold within their household fail to take any action against those who caused it or negligently allowed it to exist because they believe that there is no evidence of illegal actions. However, our personal injury attorneys have various ways to obtain the evidence needed for your lawsuit. For example, we can hire toxic substance and mold testers to come to your apartment, test for these toxic substances and compile a report to prove the existence of airborne pathogens. We can also request documents (including emails, texts and other electronic evidence) from anyone involved, subpoena witnesses to testify, and even take the deposition of the people who caused the accident. Very often there is more evidence than you might think exists, and this evidence can help strengthen your case.
Are There Deadlines for Filing a Lawsuit?
Toxic substance and mold cases have numerous deadlines that can come up fast, so it’s important that you speak to our personal injury attorneys as soon as possible. Generally speaking, a lawsuit for a toxic substance and mold must be filed within two (2) years after the accident. However, depending on the specific acts, people, and entities involved, there may be other deadlines as well. For example, you must file a Government Tort Claim within six (6) months of the incident, if a public/government employee or agency is involved. Because of the many and complicated deadlines involved in a toxic substance and mold case, it is important to retain a personal injury lawyer and file a lawsuit before the statute of limitations – or deadline – expires on any of your potential claims.
What Is My Case Worth?
Generally speaking, toxic substance and mold cases have three types of damages: 1) economic, or special damages; 2) non-economic, or general damages; and 3) punitive damages. The value of your case depends in large part on these factors, as well as a fourth – liability.
Economic, or special, damages include payment for past and future medical expenses, and past and future lost earnings, among other types of losses. Non-economic, or general, damages include your pain and suffering. For example, if you injure your arm and require surgery, the pain and suffering stemming from the injury, the resulting surgery, and the loss of use of that arm while you’re recuperating, may be compensable as a non-economic injury. Non-economic damages also include loss of consortium – damages that the spouse of an injured person incurs, such as loss of companionship and support. Because you must prove that you sustained these damages, it’s important to get all medical treatment and psychological care that you need.
Punitive damages, although rare, exist to create a deterrent for other companies from behaving in a similar manner. To obtain punitive damages, you must show that clear and convincing evidence that the defendant acted with oppression, fraud or malice.
The last factor is liability. Every case has good facts and bad facts. The more good facts there are in your case, the more likely it is that you will win at trial, and the more likely it is that the defendant will pay more to settle the case. How do your attorney and the defendant's attorney discover good and bad facts? Through the discovery portion of the case, described above. This means that the value of a case can change as both good and bad facts are discovered throughout, and why a good personal injury lawyer can maximize the value of your case.
GET HELP NOW
Our personal injury attorneys have over a decade of experience fighting for the injured against the largest insurance companies in the country. Our office handles all manner of personal and catastrophic injury claims throughout California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, Ventura, Santa Barbara, and Kern counties. If you or a loved one has been injured, please contact our office for a free consultation.